VICTORIA RAMOS | Executive Vice President of Appellate Services | PHP
If you are an attorney admitted to practice outside of New York State, you may find yourself in the position where you must prosecute an appeal in the Appellate Division First or Second Department. Should you find yourself amongst this group, you may wonder what the procedure is to prosecute your appeal as the attorney of record. The answer may be simpler than you think. The Court requires that you request permission to be admitted pro hac vice. To do so, you must file a pro hac vice letter application.
It is important to note that even if you are admitted pro hac vice in the Court below, the Appellate Division still requires you to file a formal application requesting pro hac vice admission with the Appellate Division. Your letter application may include a supporting affidavit and must include a copy of your certificate of good standing. Most appeals in the First and Second Departments are required to be filed electronically via the New York State Court’s Electronic Filing System (NYSCEF). If your appeal is one of them, you must e-file your application under the corresponding Appellate Division docket number.
Many attorneys assume that they can list themselves as the arguing attorney for the appeal, although their application for pro hac vice admission is still pending. You may be surprised to learn that the Court must grant your application for pro hac vice admission before you can list yourself as the arguing attorney for the appeal in the First and Second Departments. With that said, it is imperative that you file your application as soon as possible to allow time for the Court to issue an order granting your application before the deadline to perfect your appeal or file a responsive brief.